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2011 DIGILAW 185 (CAL)

Javed Akther v. N. K. Ghoshal, Official Receiver

2011-02-10

PATHERYA

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JUDGMENT 1. BY order dated 23rd July, 2009, the Official Receiver was given three directions: (i) To file his report on the basis of the complaint lodged by letter dated 3rd July, 2009 (ii) to make payment of the corporation taxes and seek waiver in case a scheme existed. (iii) To take steps against strangers for their removal from the said premises within six months from the date of receipt of the order. 2. THE case of the petitioner is that for non-compliance of the aforementioned directives this application has been filed. THE order dated 23rd July, 2009 was communicated to the alleged contemnor -respondent and on basis thereof a meeting was held on 28th August, 2009. Although at the said meeting it was decided that the Official Receiver agreed to take prompt action with regard to payments of the municipal taxes and initiate proceedings against the unauthorised occupants. As no step was taken, the instant contempt application has been filed and orders sought. Counsel for the alleged contemnor- respondent submits that a report has been filed in compliance with the first directive contained in the order dated 23rd July, 2009. 3. AS regards the second directive, it was decided at meeting held on 28th August, 2009 that prompt action would be taken regarding payment of arrear municipal rates and taxes and in this regard letter was issued to the Assessor Collector (North) on 10th August, 2010. At a meeting held on 12th August, 2010, the issue of payment of municipal taxes was also undertaken. AS steps had already been taken, the reply of the authorities is awaited. In fact, the representative of the beneficiaries is desirous that a sum approximately Rs.84,000/- lying with the Official Liquidator be paid towards satisfaction of the municipal rates and taxes. The exhaustion of the said will leave the Official Receiver with no money on account of the said estate and, therefore, initiation of proceedings will be an impossible task. Steps have been taken for waiver of the tax and payment of arrear municipal taxes can be cleared if the Official Receiver is put in funds by the beneficiaries and it is only for not having enough funds that sums have not been paid on account of municipal rates and taxes. 4. Steps have been taken for waiver of the tax and payment of arrear municipal taxes can be cleared if the Official Receiver is put in funds by the beneficiaries and it is only for not having enough funds that sums have not been paid on account of municipal rates and taxes. 4. AS regards the initiation of eviction proceedings the occupation of A.S. Narayanan and Chetan Nayak have been regularized by receiving payment of Rs.20,000/- from A.S. Narayanan and Mr. Anil Razzak on account of occupational charges and thereafter sums of Rs.420/- and Rs.400/- per month. The tenancy of Chetan Nayak stood transferred in the name of Anil Razzak pursuant to meeting held on 2nd August, 2006. Therefore, there was no requirement to initiate proceedings against A.S. Narayanan, Chetan Nayak or Anil Razzak. AS regards Mrs. Arra Khatoon, an eviction notice was issued in November 2009 and as the person was not found, the same was affixed by the outer door of the said flat. Thereafter on three occasions, the representative of the Official Receiver visited the said premises but none has been found in occupation of the said flat. AS regards Md. Ghulam Nabi, his son. Mr. Abdul Barik has filed an application for mutating his name in place and stead of Ghulam Nabi. AS steps have been taken pursuant to the orders passed the Rule be discharged. Having considered the submissions of the parties a report though filed is after March 2010 while the order is dated 23rd July, 2009 and a report was to be filed after considering the complaint dated 3rd July, 2009, it is true that in the order dated 23rd July, 2009 no time has been specified within which the report was to be filed. As a report has been filed though belated there has been compliance with the first directive contained in the order dated 23rd July, 2009. 5. AS regards the second directive, namely, payment of the arrear municipal rates and taxes, a sum of Rs. 87,467.37 was to be paid. AS the sums lying with the Official Receiver is not sufficient to satisfy the said payment not only has a letter been written by the alleged contemnor respondent for, waiver but he is willing to make payment provided the shortfall is deposited by the beneficiaries, namely, the petitioners herein. 87,467.37 was to be paid. AS the sums lying with the Official Receiver is not sufficient to satisfy the said payment not only has a letter been written by the alleged contemnor respondent for, waiver but he is willing to make payment provided the shortfall is deposited by the beneficiaries, namely, the petitioners herein. Although Counsel for the petitioner has contended that it is ready and willing to make payment of the shortfall, no letter in this respect has been placed on record. In the event, the entire sums lying with the Official Receiver is paid, there will be no monies lying with him to pursue any litigation that may have to be initiated. Accordingly, it is for the parties to decide as to the mode of payment and keeping the Official Receiver in funds. Therefore, it cannot be said that no step has been taken for compliance of the second directive or there has been total non-compliance on the part of the alleged contemnor respondent in respect thereof. There was something to be done by the beneficiaries in view of the shortfall of sums in satisfaction of the municipal dues. 6. AS regards the third directive, undoubtedly there has been some default on the part of the alleged contemnor respondent. The report was to be filed within six months from the date of the order and such order was undoubtedly served on the alleged contemnor respondent prior to 28th August, 2009 as on 28th August, 2009 a meeting was held to discuss compliance of the order dated 23rd July, 2009. From the minutes of the meeting held in 2006, it is evident that Chetan Nayak's tenancy was given to Anil Razzak and sums received from Anil Razzak, month by month. Sums have also been received from A. S. Narayanan, Rs.20,000/- on account of occupational charges and monthly sums. This has been done with the consent of the petitioner who was present at the meeting held on 2nd August, 2006. As regards Mrs. Arra Khatoon and Ghulam Nabi undoubtedly no steps have been taken. In respect of Mrs. Arra Khatoon all that has been done is issuance of a Quit Notice in November 2009 thereafter no eviction proceeding has been started so also in the case of Ghulam Nabi, who admittedly died approximately about 30 years ago. As regards Mrs. Arra Khatoon and Ghulam Nabi undoubtedly no steps have been taken. In respect of Mrs. Arra Khatoon all that has been done is issuance of a Quit Notice in November 2009 thereafter no eviction proceeding has been started so also in the case of Ghulam Nabi, who admittedly died approximately about 30 years ago. As an application for mutation has been filed by Abdul Barik the son of Ghulam Nabi, the Official Receiver has not taken any steps for initiating any eviction proceedings or issuing a Quit Notice to him. Therefore, in respect of the third directive, the alleged contemnor respondent is guilty of contempt as steps had to be taken within six months and for no steps taken nor any extension sought the Rule is made absolute only in respect of non-compliance of such directive. 7. SECTION 12 of the Contempt of Courts Act provides for the punishment in case of contempt and although imprisonment will be too harsh, imposition of a fine of Rs.1,000/- will suffice for purging the contemnor- respondent of contempt. Such payment be made to the Calcutta Muslim Orphanage (Boys SECTION) within three weeks from the date of receipt of this order. 8. NEEDLESS to mention that steps be taken forthwith for implementation of the order passed. It is made clear that after passing of this order Counsel for the petitioners submits that the petitioners are ready and willing to put in 50% of the municipal dues aggregating to Rs. 1,33,000/- or any sum that may have become due by reason of passage of time. The balance 50% be put in by the Official Receiver out of funds lying with him. In the event of any shortfall, the Official Receiver by communication will intimate the petitioner to make payment of such shortfall. In the event the Official Receiver is in need of funds for initiation of eviction proceedings, the petitioner will cooperate with the Official Receiver by putting in necessary funds. This will also govern any other expense that may have to be incurred by the Official Receiver provided the Official Receiver, by letter intimates the petitioner the nature of the expense to be incurred. 9. NEEDLESS to mention that the Official Receiver will forward a statement of account to the beneficiaries of the Estate of Smt. Kanak Nahar. 10. IN view of the aforesaid, this application is disposed of. 9. NEEDLESS to mention that the Official Receiver will forward a statement of account to the beneficiaries of the Estate of Smt. Kanak Nahar. 10. IN view of the aforesaid, this application is disposed of. All parties concerned are to act on a photostat signed copy of this order on the usual undertakings.